ABC Hardware Store orders one hundred power hand-drills from Drilling Tools Inc. When the hand-drills are delivered, they are all missing pieces. ABC rejects the shipment. To exercise a right to cure, Drilling must
A)promptly notify ABC of the intent to cure.
B)pay a cure fee.
C)pick up the nonconforming tools before the end of the business day.
D)enter into a new contract with ABC.

Question

Quizplus · Accepted Answer

To exercise a right to cure, Drilling Tools Inc. must promptly notify ABC Hardware Store of its intent to cure the defect in the delivered goods. This is a requirement under the Uniform Commercial Code (UCC) for sellers to make right on the delivery of nonconforming goods, provided that the time for performance has not yet expired or the seller has reasonable grounds to believe that the nonconforming delivery would be acceptable with or without money allowance. There is no requirement for a cure fee, immediate pickup of nonconforming goods, or entering into a new contract as part of the right to cure.

ABC Hardware Store Orders One Hundred Power Hand-Drills from Drilling